FUEN - MSPI Official Document ENGL

5 that is distinguishable from the state’s other citizens by reason of their ethnic.M I N O R I T Y SA F E PAC K
Titel
Minority SafePack – one million signatures for diversity in Europe
Subject-matter
We call upon the EU to improve the protection of persons belonging to national
and linguistic minorities and strengthen cultural and linguistic diversity in the Union. audiovisual and other media content.
Main objectives
We call upon the EU to adopt a set of legal acts to improve the protection of persons belonging to national and linguistic minorities and strengthen cultural and
linguistic diversity in the Union. It shall include policy actions in the areas of regional and minority languages. regional policy. linguistic or cultural characteristics.
equality.
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.
4 the members of which have been resident in the area in question for generations.
1
A national minority / ethnic group should be understood as a community. participation.
3 the members of which are citizens of that state. and who wish to preserve these characteristics. and also regional (state) support. education and culture.
1 that is resident in an area of a state territory or scattered around a state territory.
2 that is of smaller number than the rest of the state population.

COM(2001) 428 final.
2 Article 2 TEU... tension will rise. p. however....
5 Articles 9 TFEU and 10 TFEU. They do not prevent infringements upon the rights of persons belonging to minorities. policies and activities that affect persons belonging to national
minorities and regional or minority languages. “the
Union is founded on the values of respect for human dignity. tolerance.6 In the field of the protection of persons belonging to national and linguistic minorities and
the promotion of cultural and linguistic diversity. religion or belief [. non-discrimination. “in defining and implementing its policies and activities. Once a state has entered the Union. which may lead to internal
conflict and instability. SN 180/1/93 REV 1 and 49 TEU in conjunction with 2 TEU. and [. 21. Conclusions of the Presidency. solidarity and equality
between women and men prevail. This is wise policy.] racial or ethnic origin. MINORITY PROTECTION AND THE EUROPEAN UNION
The motto of the European Union is “In varietate concordia – United in diversity”.. European Council in Copenhagen 21-22 June 1993. because where minorities are satisfied and have the feeling
that they are taken seriously this will lead to stability.. democracy.
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. the Union shall take into
account [. These values are common to
the Member States in a society in which pluralism.”2
These shared values in the EU.1.g.
When a country wants to become a Member State of the European Union it is obliged to adhere to the values of
the Union (Copenhagen Criteria). equality.
4 Article 3(3) TEU. 25 July 2001.] the fight against social exclusion. the European
Union is increasingly responsible for legislation. and therefore the Union has an important role of its own to play. including the rights of persons belonging to minorities. but “In the process of creating an ever closer union among the peoples of Europe”3. the rule of law and
respect for human rights.. promote
social justice and protection”. It has also pledged to “respect its rich cultural and linguistic diversity. Member States can learn a lot from one another. do not prevent discrimination occurring.] ensure
that Europe’s cultural heritage is safeguarded and enhanced [.
6 e.. and the Union
can play a facilitating role.”5
Sharing best practices amongst the Member States and the use of benchmarks has been a successful principle in
the European Union. and enacted legislation to “combat social exclusion and discrimination.4
As is written in the Treaties. Nor do they prevent a detrimental impact on their languages and cultures. Persons belonging to national minorities should be protected primarily by the Member States
in which they live.] and shall aim to combat discrimination
based on [.
3 Article 1 TEU..
7
Copenhagen Criteria. through the Open Method of Coordination: European Governance – a White paper. this lever no longer works. justice. and we have seen
some worrying developments in recent years. Because of these criteria. According to the Treaties. If they are not. freedom.7 One of these criteria in the accession process is the respect for and protection of
minorities. a high level of education [.]”...]. however. many new Member States in central Europe have enacted advanced models
to protect their national minorities.
The Union has recognised this.

and most of the regional and minority languages are endangered.
major steps have been taken in the last few years.
9 An EU Framework for National Roma Integration Strategies up to 2020. Respect for and promotion of the values on which the Union is based. which rectifies the omission in the former period.
and extremist movements on the rise. SEC(2011)
567 final. 06/05/2011.
that the Commission should act earlier once it identifies a clear risk of a serious breach of the fundamental values
of the European Union in a Member State. including the impacts on fundamental
/ human rights and on vulnerable groups. We also welcome the new multiannual
framework 2013-2017 for the Fundamental Rights Agency. COM(2003) 606 final. COM(2002) 276 final. We think. Art. monitor and evaluate
the (expected) impact of its actions. The situation is however not favourable.9 In years to come we will see how successful the national Roma
integration strategies are in practice.
10 Communication on Article 7 of the Treaty on European Union. including national minorities.
8 Communication on Impact Assessment. 7 TEU allows the Commission
to identify potential risks in the Member States to fundamental values of the Union.8 We think that this process can be improved
with increased participation of persons belonging to national minorities. which is a package of measures to protect persons belonging to national
minorities and to take action to ensure that the treasure of our rich European cultural heritage is safeguarded and
enhanced. with an economic crisis in Europe. Through its Impact Assessment the Commission assesses the potential economic. Operational Guidance on taking account of Fundamental Rights in Commission Impact Assessments. the largest and most excluded group of minorities in Europe. there are still significant
gaps in minority protection in Europe.10
We believe the European Commission must do more than it does now.
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. social and environmental consequences that its initiatives may have. and
now also includes discrimination based on membership of a national minority within its thematic areas. and thereby the democratic
legitimacy of EU policies and legislation.
Despite all these efforts on the part of the Commission and the other European institutions. 05/06/2002. The Commission intends to exercise its rights in full and with a clear awareness of its responsibilities. the Commission has introduced extensive measures to assess.
In the specific area of the Roma minorities in Europe. COM(2011) 173 final.To fulfil the Treaty obligations. It also contains some measures to improve the participation of persons belonging to national minorities in the decision making process. The Commission sometimes seems
hesitant to speak out when the rights of persons belonging to national minorities are breached. discrimination and social exclusion of persons belonging to minorities is
widespread. however. respecting Europe’s cultural and linguistic diversity. and therefore our European Citizens’ Initiative proposes the Minority SafePack.

public services. L A N GUAG E . commerce and consumer protection (including labelling).14 It shall be comprehensive and inclusive.
14 Language planning means to develop policies for the structure. training.13
In the Recommendation. religious and linguistic diversity. coordinate or supplement the activities of the Member States. culture. and take account of the true extent of linguistic diversity and language learning in Europe. It should learn from best practices
from all around Europe. and its people. and where
people do not feel excluded in any way. the EU shall define best ways to protect and promote cultural and linguistic diversity.
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. education.
Legal basis: Article 167(5) 2nd indent TFEU and Article 165(4) 2nd indent TFEU
Instrument: (Council) Recommendation
11 Articles 165-167 TFEU. and the beneficial role of multilingual individuals
for Europe.11 Europe’s cultural richness lies in its depth
of linguistic and cultural diversity. the European Union has the competence to take action to
support.1 EU-Recommendation for the protection and promotion of cultural and linguistic
diversity in the Union
The European Union has to be an area where respect for ethnic. Current
linguistic and cultural policies tend to favour some official languages of the Member States.” Article 3(3) TEU: “It shall respect its rich cultural and linguistic
diversity.12
2. The Union should prevent marginalisation of certain communities. the secretariats of the Charter for Regional or Minority Languages.2 .”
13 Notably.
The Recommendation shall present and propose best solutions on how the extinction of languages and cultures in Europe can be halted or reversed. media. and shall ensure that Europe’s cultural heritage is safeguarded and enhanced. We are of the opinion
that action is needed to make sure that the statement that all languages are equal becomes reality. and also make use of the knowledge that has been gathered by the specialised bodies of
the Council of Europe.12 Article
22 Charter of Fundamental Rights of the European Union: “The Union shall respect cultural. youth and culture. and on what the best methods are for language planning.
The EU needs to adopt a systematic approach to its language and culture policy. in the judiciary. function and acquisition of languages within a region or a community. E D U C AT I O N & C U LT U R E
In the field of education. the Framework Convention for the Protection of National Minorities and the European Centre for Modern Languages. in
particular for the protection of the use of regional and minority languages in the areas of public administration. health care. cultural and linguistic diversity prevails. The Union and the Member States should create favourable conditions for linguistic and cultural diversity to thrive.

culture.
We therefore propose that the idea of the Language Diversity Centres17 is taken up again.
17 Feasibility study concerning the creation of a European agency for linguistic diversity and language learning – Final Report. and be a platform for exchange
between experts and practitioners.
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.2. the application
process is too cumbersome for many small language communities. 9 June 2010. Yellow Window Management Consultants. the new generation of programmes should include a strand for endangered languages. See Programme guide Culture.3.2 Adjust funding programmes so that they become accessible for small regional and
minority language communities
The existing funding programmes in the fields of education.16
Legal basis: Article 167(5) 1st indent TFEU and Article 165(4) 1st indent
Instrument: Decision or Regulation (amending the Decision or Regulation establishing the existing programme)
2.
15 Although it is aimed at respecting and promoting diversity of cultural and languages in Europe (recital 1). media and youth and their mainstreaming approach are too complex and too burdensome for small cultural and language communities. They would be at the service of all those actively involved in the field. And these centres would facilitate networking and coordination between
organisations working in the field of linguistic diversity and language learning. through a call for proposals) and have the mandate to raise awareness of the importance of
linguistic diversity and language learning. youth and culture.3 Eligible languages and Decision No.
In addition. Furthermore. See
also: Report with recommendations to the Commission on European regional and lesser used languages – the languages of minorities in the EU – in the context of enlargement and
cultural diversity (2003/2057(INI)) (Ebner report). there are
still criteria in the current programmes that exclude minority languages. 18 May 2005. 28.
16 See also: Civil Society Platform on Multilingualism: Policy Recommendations for the Promotion of Multilingualism in the European Union. such as the new Erasmus for All and
Creative Europe programmes. the Culture Programme 2007-2013 still excludes almost all regional and minority
languages from its application. At this moment. paragraph V. as for example in the Culture Programme. 1855/2006/EC establishing the Culture Programme.3 Language diversity centre
To facilitate exchange of best practices between language communities in Europe. But making small grants available for small
communities can make a huge difference for linguistic diversity in Europe. training. nor effective enough. p. The Centres will be integrated in an existing host structure.g. which will
allow small NGOs from these communities to make use of these funding schemes. They would also support the collection of objective data to help policy makers formulate courses of action. short-term funding of networks is neither efficient. These centres are to be
funded by the EU (e. and
provide information. knowledge and expertise. which already has
some expertise in the field. and especially between those
speaking a regional or minority language. This strand
should have lower thresholds and simplified administrative procedures tailored to the size of the grant.15
Criteria that exclude regional and minority languages from the EU funding programmes should be abolished in
the new programme generations for education.

as well as most regional and minority language communities. In many cases they know the culture of neighbouring countries and speak several languages. These feelings of regional identification create cohesion and a stable basis for the
economic development of the population as a whole.
Legal basis: Article 167(5) 1st indent TFEU and Article 165(4) 1st indent
Instrument: Decision or Regulation
3. It should also make knowledge and expertise accessible for all relevant players
in the field of regional and minority languages.18 To achieve
this objective.
18 Article 174 TFEU: “In order to promote its overall harmonious development. important action programmes have been established that help the development in the regions. So far. a decision or regulation should be adopted that establishes funding for the centre(s) and defines the tasks as set out above. The centre should concentrate on. and give priority to the smallest
and most vulnerable language communities in Europe.”
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. social and territorial
cohesion. The Centre should raise awareness of the importance of regional and minority languages
and promote diversity at all levels. Most
national minorities. too little use has been
made of the opportunities that minorities offer for the strengthening of economic and social development and
territorial cohesion.
The deep-rootedness that most national minorities have in their region shall be regarded as an asset that must
be fostered and appreciated. They
are therefore well placed to act as bridge-builders between regions in the Union. are firmly anchored in the region
where they live. as this is in the interest of economic and social development. The programme rules shall promote projects that stimulate pluralism and
benefit national minorities.We propose that initially. funded by the EU. R E G I O NA L P O L I C Y
An important objective of the European Union is the strengthening of its economic and social structure. as well as being beneficial
for territorial cohesion.
In order to realise the Language Diversity Centre. the Union shall develop and pursue its actions leading to the strengthening of its economic.
3. a Language Diversity Centre in the field of regional and minority languages be established.1 Regional funds
The regional funds shall be designed in such a way that they acknowledge the position of national minorities and
the role of cultural and linguistic diversity.

COM(2011) 808 final. the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common
Strategic Framework and laying down general provisions on the European Regional Development Fund. where both the number of states and the population
they represent are the basis for a qualified majority. Proposal for a Regulation establishing Horizon 2020 – the Framework
Programme for Research and Innovation (2014-2020). Research can generate solutions for the challenges faced by society.23 The number of Members of Parliament is based on a degressively proportional system. the institutional make-up of the European Union takes this fundamental principle into account. COM(2011) 809 final.2 Research into the added value of minorities to social and economic development in Europe
The new Horizon 2020 programme20 aims at promoting research and innovation that will help to deliver jobs. including the role of national minorities and
cultural and linguistic diversity in relation to demographic change. 30 November 2011.
24 Article 14(2) TEU. prosperity and quality of life. 30 November 2011. In our opinion there
is a lack of understanding about the role that national minorities and cultural and linguistic diversity in Europe can
play in strengthening the Union and the regions of the Union. Both small and large Member States each have one of their nationals as Commissioner and as judge at the
Court of Justice.
Legal basis: Article 177 and Article 178 TFEU
Instrument: Regulation (amending the existing Regulation)
3.24
19 Such as in the latest version of the Amended Proposal for a Regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund.
and their impact on regions in Europe.
23 Article 16(4) TEU.
Legal basis: Article 173(3) and Article 182(1) TFEU
Instrument: Regulation (amending the existing Regulation for Horizon 2020)
4.
22 Article 17(4) TEU & 19(2) TEU. the European Social Fund and the Cohesion Fund and repealing Council Regulation
(EC) No 1083/2006.22 All the states are represented in the Council. the European Social Fund. cross-border economic and social development. PA RT I C I PAT I O N
The Union can only function as long as it fosters diversity and respects the legitimate concerns of minorities.21
The new programme shall prioritise research into societal challenges. for each
other”.
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. COM(2013) 246 final.
For the Member States. European Academy Bozen/Bolzano.
20 Horizon 2020 – The Framework Programme for Research and Innovation. to ensure that small Member States are also sufficiently represented in the Parliament
and have a say. commissioned by the Schleswig-Holstein Landtag. 2011/0276 (COD). the Cohesion Fund.The common provisions of the regional funds19 shall be amended in such a way that the thematic objectives
include the protection of national minorities and the promotion of cultural and linguistic diversity. see: Competence Analysis: National Minorities as a Standortfaktor in the German-Danish Border Region – “Working with each other.
21 For a regional example of such research. December 2007.

Part of the solution to the limited representation of minorities may be to set up a minority platform .for those minorities that are to small to meet the threshold for a seat in Parliament. Some have specific constituencies for (minority) regions. On the basis of this
report. because many of
them are too small to obtain a seat of their own in the Parliament. In several Member States such platforms form
an excellent instrument for maintaining an open. transparent and regular dialogue between the institutions and
national minorities. and to make a proposal that will strengthen the position of citizens who belong to the national minorities within the EU.27
Legal basis: Article 25 TFEU and 20(2) TFEU
Instrument: Council Directive/Regulation/Decision
25 Articles 18-25 TFEU.
27 Article 11(1) TEU & 11(2) TEU. but can give rights to
all the citizens of the EU (e. EU citizenship rights do not necessarily have a cross-border dimension (legally).
26 Article 25 TFEU in conjunction with Article 20(2) TFEU.consultation
body .
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. and that will ensure
dialogue between the minorities and the different EU institutions.1 Elections for the European Parliament
There is a large difference in the way that the Members of the European Parliament are elected in the Member
States. the right to reside and the right to petition). others elect their candidates in one single constituency.
The Commission is under the obligation to report every three years on the application of the provisions on non-discrimination and citizenship of the Union25. and for exchanging views in all areas of Union action.The situation is different for the national minorities in Europe. As is clear from the (non-exhaustive) list of rights in Article
20(2) TFEU.
4. Most of them are not represented. taking account of the development of the Union. There is the risk that the legitimate concerns of
these citizens are not heard by the EU institutions at all.g. in order to ensure
that their legitimate concerns are taken into account. provisions may be adopted to strengthen or add to the rights of citizens of the Union.26
We call upon the Commission to scrutinise the different arrangements in the Member States.

32 Article 19 TFEU. A revised directive in this
field should clarify that discrimination based on assumptions about a person’s characteristics or because of their
association with a particular religion or belief is prohibited in EU law.
A minimum level has been defined throughout Europe. and to remove the remaining (procedural) obstacles to equality. and to work towards substantial equality for persons belonging to minorities. occupation and vocational training. It is therefore time to
increase effectiveness.
5.
The new directive should include measures to promote equality.
28 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.
In 2008.
We are of the opinion that anti-discrimination law must ensure effective protection for all. there is a difference between the different grounds
that are mentioned in the Treaties.1 An improved anti-discrimination framework
Since the adoption of the Racial Equality Directive28 and the Employment Equality Directive29 in 2000. but the new proposal would extend to non-employment
areas as well (as is already the case with the Racial Equality Directive). pre-emptive judicial procedures should
be made available. Although major steps have been taken. the EU has adopted a regulatory framework for anti-discrimination.
29 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.
30 Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law. and towards reasonable accommodation of these aims. Centrum voor gelijkheid van kansen en voor racismebestrijding v Firma Feryn NV.
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. including persons belonging to national minorities.
31 Communication: Non-discrimination and equal opportunities: A renewed commitment COM(2008) 420 final & Proposal for a Council Directive on implementing the principle of equal
treatment between persons irrespective of religion or belief.”33 In urgent cases.31 The existing Employment Equality Directive offers protection in employment. age or sexual orientation COM(2008) 426 final. the European Commission proposed a directive to implement the principle of equal treatment of persons
irrespective of religion or belief. or any other grounds. “Rules on sanctions applicable to
breaches of national provisions adopted in order to transpose that directive must be effective. E Q UA L I T Y
Since the beginning of the new millennium. and many victims do not make use of their rights. 10 July 2008. the number of
anti-discrimination cases is relatively low.
33 ECJ Case C-54/07. proportionate and
dissuasive. the Member States should be obliged to permit
positive action.5 . As things stand at the moment.
The new Directive should also clarify that EU law must have a deterrant effect. the European
Member States have a shared minimum level of anti-discrimination law.32 although these grounds often coincide in practice. This framework was strengthened in 2008
with the adoption of the Council Framework Decision30 that makes it possible to combat Racism and xenophobia
through a criminal law approach. even where there is no identifiable victim.

35 However. which in includes the principle that statelessness shall be
avoided and gives rules for the acquisition of citizenship for categories of persons.
35 A majority of EU Member States. stateless people fall under the general category “third-country nationals”36
for which the EU is under the obligation to develop a common policy that aims at fair treatment of third-country
nationals who legally reside in the Union. 166. healthcare.37 An extension of citizens-related rights to stateless persons
and their families. including the conditions governing freedom of
movement. such as children who do not acquire at birth another citizenship. and define their rights. e.
37 Article 79 TFEU.
The European Union is not in the position to solve the fundamental problem of stateless persons. however. Directive 2009/50/EC on highly qualified workers. can alleviate a lot of
these persons’ problems. ETS No. and have been living in the EU for decades. They are often marginalised. even if there is no
identifiable victim.2 Approximating equality for stateless minorities
There are hundreds of thousands of stateless persons in Europe.
In the past 10 years a number of Directives have been adopted that deal with the rights of certain categories of
third-country nationals (including stateless persons). Directive 2003/109/EC on the right to long-term residence. A stateless person may not be able to travel or work
legally. They risk being excluded from
education. family reunification and in regard to the provision of
services. Directive 2005/71/EC on third-country national researchers. who have been living in their country of origin for the whole of their lives. Directive 2004/114/EC regarding the admission of third-country national students.34 Many of these persons belong to national minorities.
We propose the adoption of an amendment to the directives that allows for the approximation of the rights of longterm stateless persons and their families to those of EU-citizens. national equality bodies and organisations with a legitimate
interest in enforcing the Directive should enjoy independent legal standing to bring complaints. in regard to work permits. 5 August 2011.
Legal basis: Article 19(1) TFEU
Instrument: Directive (revising the existing Equality Directives)
5. Directive 2003/86/EC on the right to family reunification.
38 See e. A great number of stateless persons in
Europe are Roma.
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. social assistance and the right to vote.g. and differences exist between the rights of stateless persons and those of EU-citizens in a similar situation. that is the prerogative of the Member States.
Legal basis: Article 79(2) TFEU
Instrument: Directive (amendment)
34 As stated by the Commissioner for Human Rights of the Council of Europe.
36 Article 67(2) TFEU. and of residence in other Member States.g. As a result they have to contend with inequality and discrimination. the EU can help
to make their life better. as the EU itself
cannot provide them with citizenship.38 Nevertheless there are still categories of persons who are
excluded from this framework. In EU lingo.To ensure effectiveness in combatting discrimination.org/2011/08/hammarberg-urges-more-protection-for-europes-stateless-people/ . have signed and/or ratified the European Convention on Nationality. http://www.humanrightseurope.

39 Persons belonging to minorities normally wish to use goods and services in their own language. television
and other content. Since their number is often too low to establish a full-fledged media landscape of their own.1 Single market for copyright
We welcome the efforts made by the European Commission to establish a single market for intellectual property
rights and its notion that new legislation may optimise the relationship between creators. AU D I O -V I SUA L A N D OT H E R M E D I A C O N T E N T
Many persons belonging to national minorities speak a language that is the majority language of another country of
Europe. Licensing of content across the
Union is hugely complex now. films. Before such a single
market can be established.40 At present.6.
40 Directive 2010/13/EU on the coordination of certain provisions laid down by law. books. existing legislation should be amended to ensure freedom of reception.g.
6. This solution will lead to the abolishment of licensing barriers within the
Union and allow persons belonging to national minorities to access content on an equal basis with citizens from
the Member State where the service is offered. unrestricted access of certain programmes
is only guaranteed by a arduous procedure.
which in many cases is also he language of a neighbouring country. terrestrial and satellite)
in those regions where national minorities live. which entails that the Member State of reception sends a list of programmes to the Member State where the broadcaster is located.
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. which leads to the situation that persons belonging to national minorities cannot
benefit from existing services across the border. regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive). 171. National barriers may create obstacles to the
free circulation of content. music. 132.
ETS No.2 Amending the Audio-visual Media Services Directive
The development of a single market for intellectual property rights will be a long-term process.
Legal basis: Article 118 TFEU
Instrument: (EP/Council) Regulation (establishing a unitary copyright)
6.
We propose an amendment with the effect of ensuring that there will be freedom of service and freedom of reception of audio-visual content (both analogue/digital broadcasting and on-demand services. through which the whole European Union is regarded as one single market for copyrights. and abolish restrictions to retransmission of audio-visual media services. see also: European Convention on Transfrontier Television. 05/05/1989.
We propose the establishment of a unitary European copyright. they depend
on the media of (neighbouring) countries with the same language. as amended according to the provisions of the Protocol. which is detrimental to cultural and linguistic diversity. ETS No.
Legal basis: Article 53(1) and Article 62 TFEU
Instrument: Directive (amending the existing Media Services Directive)
39 118 TFEU & Communication: A Single Market for Intellectual Property Rights. COM(2011) 287 final. see also: Communication: The Digital Agenda for Europe – Driving European growth
digitally COM(2012) 784 final. service providers and
consumers. nationally restricted intellectual property rights create new barriers to the free movement of services. Due to fast technological progress the way of
dissemination and the way we do business has changed significantly. In the field of e.

television or
specific social policy.
45 In accordance with Article 167(1) TFEU: “The Union shall contribute to the flowering of the cultures of the Member States. funding is given for minority culture. They consequently provide funding for different activities and areas
that are of relevance to persons belonging to national minorities.7. regional and local authorities in many European Member States recognise the importance of supporting
and promoting cultural and linguistic diversity.
43 Commission Regulation 800/2008 (General Block exemption regulation) in combination with Council Regulation 994/98 (Enabling Regulation). which has to make an assessment
of the compatibility of the aid with the state aid rules.12.” and Article
22 of the Charter for Fundamental Rights: “The Union shall respect cultural. religious and linguistic diversity.43 The advantages of a block exemption are increased legal certainty for both
authorities and beneficiaries and a decreased workload for the Commission.46
Legal basis: Article 109 TFEU and 108(4) TFEU
Instrument: Council Regulation and/or Commission Regulation
or:
Legal basis: Article 107(3(e) TFEU | Instrument: Council Decision
41 Commission Regulation 1998/2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid. including the rights of persons
belonging to minorities. We call for an exemption that also takes into account
the promotion of languages and regional diversity45. A review is under way that may lead to
changes in the current framework. newspapers..1 Regional (state) support for minority communities
In many European regions. while respecting their national and regional diversity. These grants may come under the European state aid rules if they are above the applicable
thresholds (de minimis-rules41). 5. This includes “culture and heritage conservation”44.. freedom.
In that case the Member State is under the obligation to notify the Commission. Commission MEMO/12/936.
7. Subsidies for minority communities and their culture and
language will fall under Article 107(3)(d) TFEU (aid to promote culture and heritage conservation) or also under the
more general provision of Article 107(3)(c) TFEU (aid to facilitate certain economic areas or activities).
44 The Proposal for a Council Regulation amending Council Regulation 994/98 (COM(2012) 730. books. but is wider than just that. the EU has adopted “block exemptions”.
42 See for example Decision C(2008) 1840 (Basque dubbing/subtitles) and Decision C (2006) 6700 (newspaper Új Szó). the rule of law and respect for human rights.2012) mentions “culture and heritage conservation” as one of the sectors for a block
exemption in Article 1(a)(v).g.42
For certain sectors of the economy. S U P P O RT FO R M I N O R I T Y C O M M U N I T I E S
National. See e. that define aid that is exempted from the notification obligation if the conditions are fulfilled.”
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.
We call for a block exemption for activities that support minority communities and their culture. music. movies. democracy. ands respects the rights of persons belonging to minorities. equality.”
46 Article 2 TEU: “The Union is founded on the values of respect for human dignity.

For each of the proposals we have indicated a legal basis from the Treaties and the type of instrument that we deem
most appropriate. we realise
that differences of legal opinion can arise when interpreting the Treaties.
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. SAV I N G C L AU S E
The Minority SafePack consists of proposals for several legal acts.
The authors therefore expect each proposal to be verified on its own merits. If these
proposals are adopted by the European Union they will together form a significant and comprehensive improvement in minority protection within the European Union. and have been mentioned in order to facilitate
assessment by the Commission.
The authors are of the opinion that the proposed legal acts fall within the framework of the Commission’s powers
to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties47. Article 11(4) TEU & Article 24(1) TFEU. The legal basis and instruments are indicative.
47 Regulation 211/2011 on the citizens’ initiative.8 . this should have no effect on the other proposals made. if one of the proposals is deemed to
be inadmissible. However. as laid down in Chapters 2-7 of this text.